If you are facing a DUI in New Jersey, you are not alone. Driving under the influence (DUI) is among the most common reasons for arrests in New Jersey, and prosecutors and judges statewide take drunk driving cases very seriously. Learn what you need to know about New Jersey’s drunk driving laws in 2026 from an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A.
There Are Two Ways Prosecutors Can Prove You Were Driving While Intoxicated
One of the first and most important things you need to know about New Jersey’s DUI laws is that there are two ways prosecutors can prove you were driving while intoxicated. Under Section 39:4-50 of the New Jersey Revised Statutes, prosecutors can secure a DUI conviction by proving either:
- You were “operat[ing] a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug;” or,
- You were “operat[ing] a motor vehicle with a blood alcohol concentration of 0.08 percent or more.”
Prosecutors do not need to prove both. Additionally, while New Jersey’s blood alcohol concentration (BAC) limit is 0.08 percent in most cases, there are exceptions. For example, New Jersey’s BAC limit for commercial drivers is 0.04 percent, and New Jersey has a “zero tolerance” policy for drivers under age 21.
This means that if you are facing a DUI and you refused the breathalyzer, prosecutors may still be able to use other evidence to convict you (and you could be convicted of a “DUI refusal” in this scenario as well). On the same token, if you blew over the legal limit during your traffic stop, challenging your BAC reading may not be enough to save you from a DUI conviction.
A DUI is a Traffic Violation (Not a Crime) in Most Cases
Unlike many other states, New Jersey classifies DUI as a traffic violation in most cases. While this might sound like a good thing, it actually has some negative implications. Most notably, since a typical DUI is not a crime, a typical DUI conviction is not eligible for expungement. As a result, if you get convicted of DUI in 2026, your conviction could stay on your record for the rest of your life.
When is driving under the influence a crime in New Jersey? The most common scenario is when a drunk driver causes a serious accident. In cases involving non-fatal injuries, drunk drivers can be charged with assault by auto—a third or fourth-degree indictable crime in most cases. In cases involving fatal injuries, drunk drivers can be charged with vehicular homicide, which is potentially a first-degree indictable crime.
All New Jersey DUIs Carry Steep Penalties
In all cases, New Jersey DUIs carry steep penalties. If you have been arrested for DUI, the specific penalties you are facing depend on the specific circumstances of your case. As of 2026, the penalties for common first-time DUI charges in New Jersey include:
DUI with a BAC of 0.08 to 0.099 Percent
- Up to 30 days in jail
- Thousands of dollars in fines, fees, and surcharges
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC)
- 90 days ignition interlock device (IID) installation
DUI with a BAC of 0.10 Percent or Above
- A seven-month to one-year driver’s Interlock device requirement
- Up to 30 days in jail
- Thousands of dollars in fines, fees, and surcharges
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC)
- If BAC is .15 or greater, 3 months license forfeiture and then 12-15 months IID
If you are being charged with an alcohol-related DUI and you did not record a BAC, you are facing the same penalties as someone who blew between 0.08 percent and 0.099 percent. If you are being charged with a drug-related DUI (i.e., a marijuana DUI), you are facing the same penalties as someone who blew 0.10 percent or above. Enhanced penalties apply to repeat offenders. In all cases, a DUI conviction can have other serious consequences as well.
Plea Bargaining is an Option in New Jersey DUI Cases
Under a change in the law that took effect in 2024, plea bargaining is now an option in New Jersey DUI cases. Entering into a plea bargain allows you to avoid a DUI conviction at trial, though it does not allow you to avoid consequences entirely.
In most cases, DUI plea bargains will involve pleading guilty to a reckless driving charge involving alcohol. While reckless driving convictions don’t carry the same consequences as DUI convictions, the costs can still be substantial, so it is critical to ensure that you make an informed decision.
There Are Several Potential Defenses to DUI Charges in New Jersey
Regardless of the specific charges you are facing, and regardless of the facts of your case, you have defenses available. There are several potential defenses to DUI charges in New Jersey, and, even though most DUIs are not criminal offenses, prosecutors still have the burden of proving your guilt beyond a reasonable doubt.
If you are facing a DUI in New Jersey, making informed decisions starts with understanding the defenses available to you. If you have grounds to fight your DUI, you should not accept any consequences unnecessarily. Once you hire an experienced New Jersey DUI lawyer to represent you, your lawyer will be able to examine all of the facts of your case and determine what defenses you may be able to use to fight your DUI in court.
Arrested for Drunk Driving in 2026? Contact a New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A. Today
Our lawyers handle all types of DUI cases throughout the state. If you have been charged with driving under the influence in New Jersey, we can use our experience to help protect you by all means available. To discuss your case with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or tell us how we can reach you online now.
